FRANCISCO GARCIA v. AMERICAN GOLF CORPORATION, ET AL.
MOTION TO COMPEL INDIVIDUAL ARBITRATION WITH PLAINTIFF AND STAY ACTION PENDING ARBITRATION
TENTATIVE RULING
Grant motion to compel arbitration; find that the issue of class arbitrability must be determined by the arbitrator and defer to the arbitrator on that issue; stay prosecution of Plaintiff Garcia’s PAGA claim, pending resolution of the arbitration proceedings; set a non-appearance review date for ninety (90) days from the hearing date (January 16 2019), and require the parties to submit a joint statement no later than Thursday, January 10, informing the Court of the status of the arbitration
DISUCSSION
I. Background
This is a putative wage-and-hour class action. Plaintiff alleges that he has been employed by Defendants American Golf Corporation and AGC Field Operations, LLC (collectively, “Defendants”) as a non-exempt employee, holding the position of a maintenance worker. [First Amended Complaint (“FAC”), ¶6.] Plaintiff
Hearing Date
October 16, 2018
Type
Other Employment Complaint Case (General Jurisdiction)
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FRANCISCO GARCIA v. AMERICAN GOLF CORPORATION, ET AL.
MOTION TO COMPEL INDIVIDUAL ARBITRATION WITH PLAINTIFF AND STAY ACTION PENDING ARBITRATION
TENTATIVE RULING
Grant motion to compel arbitration; find that the issue of class arbitrability must be determined by the arbitrator and defer to the arbitrator on that issue; stay prosecution of Plaintiff Garcia’s PAGA claim, pending resolution of the arbitration proceedings; set a non-appearance review date for ninety (90) days from the hearing date (January 16 2019), and require the parties to submit a joint statement no later than Thursday, January 10, informing the Court of the status of the arbitration
DISUCSSION
I. Background
This is a putative wage-and-hour class action. Plaintiff alleges that he has been employed by Defendants American Golf Corporation and AGC Field Operations, LLC (collectively, “Defendants”) as a non-exempt employee, holding the position of a maintenance worker. [First Amended Complaint (“FAC”), ¶6.] Plaintiff